VIGNESH.S @ VICKY KANNAN Vs. ELAMPARITHI

JUDGEMENT

(1.) This criminal original petition has been filed praying to quash the proceedings in CC.No.11750 of 2022 pending on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai against the petitioner.

(2.) The respondent filed a private complaint alleging that the petitioner has deliberately involved in malicious, reckless defamatory publications against him in multiple public platforms including YouTube interviews and Facebook posts using abusive and scandalous expressions. The petitioner also made allegations against the respondent that he has criminal antecedents without any lawful adjudication. It was alleged that the respondent falsely represented himself as Professor and thereby misled the Government as if he pursued Master Degree in Criminology Department at Madras University and is also pursuing Ph.D. in the said University. On the complaint, the trial court had taken cognizance for the offence punishable under Ss. 499, 500 IPC & 120 B of IPC and issued summons.

(3.) The learned Senior Counsel appearing for the petitioner submits that the petitioner is a journalist in a YouTube channel named 'Desathin Kural' and he is also a coordinator of all Tamil Nadu Students Association. In the month of October 2021, the respondent was appointed as a member of Srilinkan Tamils Welfare Committee. The respondent falsely represented himself as Doctorate without even completing Ph.D. The petitioner had written an article with regards to the fraudulent nature of the respondent with necessary evidences on a Facebook page in the public interest. The article was published by the petitioner about the respondent as if the persons who were victimised by the respondent approached the petitioner and confronted about his fraudulent nature and due to which there are complaints against him with the allegation of cheating. Therefore, the petitioner published the article in his Facebook page to protect the public interest that no innocent persons should be cheated by the respondent in future. Hence, it would not amount to any defamation since it is coming under the exceptions of the provision under Sec. 499 of IPC.